    [Public Papers of the Presidents of the United States: George W. Bush (2004, Book III)]
    [October 28, 2004]
    [Pages 2813-2815]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Ronald W. Reagan National Defense Authorization
    Act for Fiscal Year 2005
    October 28, 2004

        Today, I have signed into law H.R. 4200, the ``Ronald W. Reagan
    National Defense Authorization Act for Fiscal Year 2005.'' The Act
    authorizes funding for defense of the United States and its interests
    abroad, for military construction, and for national security-related
    energy programs.
        Section 326 of the Act, amending sections 3551, 3552, and 3553 of
    title 31, United States Code, purports to require an executive branch
    official to file with the Comptroller General a protest of a proposed
    contract for private sector performance of agency functions previously
    performed at higher cost by Federal employees, whenever a majority of
    those Federal employees so requests, unless the official determines,
    free from any administrative review, that no reasonable basis exists for
    the protest. The executive branch shall construe section 326 in a manner
    consistent with the President's constitutional authority to supervise
    the unitary executive branch, including the making of determinations
    under section 326.
        Section 574 of the Act amends sections 3037, 5046, 5148, and 8037 of
    title 10, United States Code, to prohibit Department of Defense
    personnel from interfering with the ability of a military department
    judge advocate general, and the staff judge advocate to the Commandant
    of the Marine Corps, to give independent legal advice to the head of a
    military department or chief of a military service or with the ability
    of judge advocates assigned to military units to give independent legal
    advice to unit commanders. The executive branch shall construe section
    574 in a manner consistent with: (1) the President's constitutional
    authorities to take care that the laws be faithfully executed, to
    supervise the unitary executive branch, and as Commander in Chief; (2)
    the statutory grant to the Secretary of Defense of authority, direction,
    and control over the Department of Defense (10 U.S.C. 113(b)); (3) the
    exercise of statutory authority by the Attorney General (28 U.S.C. 512
    and 513) and the general counsel of the Department of Defense as its
    chief legal officer (10 U.S.C. 140) to render legal opinions that bind
    all civilian and military attorneys within the Department of Defense;
    and (4) the exercise of authority under the statutes (10 U.S.C. 3019,
    5019, and 8019) by which the heads of the military departments may
    prescribe the functions of their respective general counsels.
        The executive branch shall construe section 1021, purporting to
    place restrictions on the use of the U.S. Armed Forces in certain
    operations, and sections 1092 and 1205, relating to captured personnel
    and to contractor support personnel, in a manner consistent with the
    President's constitutional authority as Commander in Chief and to
    supervise the unitary executive branch.
        Section 1203 of the Act creates a Special Inspector General for Iraq
    Reconstruction, under the joint authority of the Secretaries of State
    and Defense, as a successor to the Inspector General of the Coalition
    Provisional Authority under title III of Public Law 108-106. Title III
    as amended by section 1203 shall be construed in a manner

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    consistent with the President's constitutional authorities to conduct
    the Nation's foreign affairs, to supervise the unitary executive branch,
    and as Commander in Chief of the Armed Forces. The Special Inspector
    General shall refrain from initiating, carrying out, or completing an
    audit or investigation, or from issuing a subpoena, which requires
    access to sensitive operation plans, intelligence matters, counter-
    intelligence matters, ongoing criminal investigations by administrative
    units of the Department of Defense related to national security, or
    other matters the disclosure of which would constitute a serious threat
    to national security. The Secretary of State and the Secretary of
    Defense jointly may make exceptions to the foregoing direction in the
    public interest.
        The executive branch shall construe as advisory section 1207(b)(1)
    of the Act, which purports to direct an executive branch official to use
    the U.S. voice and vote in an international organization to achieve
    specified foreign policy objectives, as any other construction would
    impermissibly interfere with the President's constitutional authorities
    to conduct the Nation's foreign affairs and supervise the unitary
    executive branch. The executive branch also shall construe the phrase
    ``generally recognized principles of international law'' in sections
    1402(c) and 1406(b) to refer to customary international law as
    determined by the President for the Nation, as is consistent with the
    President's constitutional authority to conduct the Nation's foreign
    affairs.
        The executive branch shall construe section 3147 of the Act,
    relating to availability of certain funds if the Government decides to
    settle certain lawsuits, in a manner consistent with the Constitution's
    commitment to the President of the executive power and the authority to
    take care that the laws be faithfully executed, including through
    litigation and decisions whether to settle litigation.
        Several provisions of the Act, including sections 315, 343(2)
    amending section 391 of Public Law 105-85, 506(b), 517(c), 571(b),
    574(d)(8), 576(c), 577(c), 643(c) and (e), 651(g)(2), 666(c), 841(c),
    3114(d)(2), and 3142(c) call for executive branch officials to submit to
    the Congress proposals for legislation. The executive branch shall
    implement these provisions in a manner consistent with the President's
    constitutional authority to supervise the unitary executive branch and
    to recommend for the consideration of the Congress such measures as the
    President judges necessary and expedient. Also, the executive branch
    shall construe section 1511(d) of the Act, which purports to make
    consultation with specified Members of Congress a precondition to the
    execution of the law, as calling for, but not mandating such
    consultation, as is consistent with the Constitution's provisions
    concerning the separate powers of the Congress to legislate and the
    President to execute the laws.
        A number of provisions of the Act, including sections 112(b)(6),
    213(c), 513(e)(1), 912(d), 1021(f), 1022(b), 1042, 1047, 1202, 1204,
    1207(c) and (d)(2), 1208, 1214, and 3166(a) amending section 3624 in
    Public Law 106-398, call for the executive branch to furnish information
    to the Congress, a legislative agent, or other entities on various
    subjects. The executive branch shall construe such provisions in a
    manner consistent with the President's constitutional authority to
    withhold information the disclosure of which could impair foreign
    relations, national security, the deliberative processes of the
    Executive, or the performance of the Executive's constitutional duties.
        Section 3161 expands the categories of atomic weapons industry
    employees who may receive direct compensation from the United States for
    their work-related illnesses. As a result, some claimants from the
    private sector who have occupationally caused asbestos-related diseases
    may be able to receive direct Federal compensation

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    under the Energy Employees Occupational Illness Compensation Act
    Program. As a general matter, Federal taxpayers should bear no
    additional burdens arising from the tort liabilities of private sector
    defendants, including contractors of the United States. The limited
    extension of Federal responsibility here is unique because it is solely
    a replacement for no-fault workers' compensation payments not otherwise
    available, in the unique situation in which the Federal Government may
    have encouraged its contractors to resist workers' compensation claims
    brought by atomic weapons industry employees with occupational
    illnesses.

                                                              George W. Bush

     The White House,

     October 28, 2004.

    Note: H.R. 4200, approved October 28, was assigned Public Law No. 108-
    375. This statement was released by the Office of the Press Secretary on
    October 29. An original was not available for the verification of the
    content of this statement.